Scalia, Thomas the real activist judges

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Tom

Lifer
Oct 9, 1999
13,293
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Originally posted by: Mursilis
Originally posted by: Aisengard
They probably view Roe v Wade as an "activist" decision and they'll use their "deactivist" powers to overturn the evil ways of the 70s.

It is an activist decision - the Constitution makes no mention of abortion, and a "Constitutional right to abortion" is thus absurd. The question belongs in the states, who may determine its legality as thier people choose.


The Constitution dosen't have to mention every possible medical procedure a person can have for us to have a right to medical care.

There is no reasonable argument that a woman doesn't have a right to have a medical procedure, the only issue with abortion has to do with the conflict between that right, and how a person feels about the rights of the unborn.

The truth is the Constitution says nothing about the rights of the unborn, so any decision that bestows any rights to them is an "activist" decision.



 

Ozoned

Diamond Member
Mar 22, 2004
5,578
0
0
As long as their "Political ends" are based on something of substance, and not directly pulled out of their arse, like this opinion
it's clear to any thinking lawyer that Scalia, in particular, has a long, ignoble history of deciding cases in advance, then wordsmithing his decisions with an eye toward making them sound as though they're based on the text of the Constitution.
I can accept activism from either side of the political spectrum.

 
Feb 10, 2000
30,029
66
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Originally posted by: Ozoned
As long as their "Political ends" are based on something of substance, and not directly pulled out of their arse, like this opinion
it's clear to any thinking lawyer that Scalia, in particular, has a long, ignoble history of deciding cases in advance, then wordsmithing his decisions with an eye toward making them sound as though they're based on the text of the Constitution.
I can accept activism from either side of the political spectrum.


That doesn't sound like refutation, it sounds like a guy who has no actual argument. Have you ever actually read Scalia's opinions?

Weren't you permabanned, or am I thinking of another reactionary boob who threatened to kill other members?